THAKOR BHAGIBEN Vs. CHAUDHARY AMRATBHAI VIRABHAI

JUDGEMENT

(1.) Mr. Tejas P.Satta, learned advocate for the appellants states that claimants are challenging the order of dismissal dtd. 6/11/2017 passed in MACP No.262/2012 (Old No.41/2005) by 3rd Motor Accident Claims Tribunal (Aux.), Mehsana at Visnagar.

(2.) Mr. Satta submitted that the learned Tribunal without deciding the matter on merits has dismissed the claim petition, though their affidavit for examination-in- chief was produced at Exhibit-19. Mr. Satta states that the learned Tribunal dismissed the petition on the ground that reasonable opportunity was given to the applicant to prove the documentary evidence in support of the claim petition, but has failed to prove the documentary evidence. Mr. Satta stated that the learned Tribunal has observed in the order, of service of notice to opponent no.2, but has failed to file written statement or contest the claim petition and though opponent nos.1, 2 and 3 was served, none appeared before the Tribunal; hence, the claim petition proceeded ex parte against the opponents.

(3.) Mr. Satta submitted that as the examination-in- chief was on record and necessary documents in support of the claim petition have been filed, the documents were referred in paragraph-6 in the affidavit under Order 18 Rule 4, and when there is no resistance from the other side, learned advocate Mr. Satta submitted that the learned Tribunal ought to have believed and exhibited the same. Further, if the documents had not inspired any confidence, the learned Tribunal should have called for the documents in Form-54 from the Investigating Officer to verify the authenticity of the photocopies produced in list along with affidavit.